QUEZON City (Eagle News) — The Office of the Ombudsman has indicted Zambales Governor Hermogenes Ebdane Jr., for graft and usurpation of official functions, for giving small scale mining permits to allegedly favored individuals that had affected the operations of a mining firm.
In a 32-page resolution, Ombudsman Conchita Morales also approved the indictment of six other individuals including Romelino Gojo, a member of the Provincial Mining Regulatory Board (PMRB).
The others indicted in the resolution prepared by the Special Panel of the Environmental Ombudsman Team are private individuals Weng Chen, Camilo Esico and three others connected with Geoking Asia Mining Corporation (Geoking) for Theft of Minerals under Section 103 of R.A. 7942 (Philippine Mining Act of 1995).
Morales said she found probable cause to indict Zambales Governor Ebdanefor violation of Section 3(e) of Republic Act (RA) No. 3019 (Anti-Graft and Corrupt Practices Act) and Usurpation of Official Functions under Article 177 of the Revised Penal Code (RPC).
The case stemmed from a complaint filed by Consolidated Mines, Inc. (CMI), the mineral rights holder of the area covered by the Coto Chromite Project (Coto Mines) under a Mineral Production Sharing Agreement (MPSA), which has been operating the Coto Mines for more than five decades.
The CMI complaint alleged that Gojo and a group of police officers headed by Philippine National Police Provincial Director Francisco Santiago, Jr. forcibly entered Coto Mines on October 30, 2011 and presented a Small-Scale Mining Permit (SSMP) and other permits, all signed by Ebdane and issued in favor of Esico.
“They thereupon dismantled the security checkpoints, established their own outpost along the road going to the chromite stockpiles, and threatened CMI personnel, with Gojo uttering, ‘Kung gusto ninyong magdemanda, idemanda ninyo si Governor Ebdane.’ “ the Ombudsman’s new release said.
The complainant later found out that Ebdane issued several SSMPs. The complaint said that “the following day, Chen and a group of Chinese nationals entered the premises with police officers who have since assisted Chen, et al. in taking, hauling, transporting and shipping chromite fines valued at more thanP211 million.”
The resolution ruled that Ebdane usurped the functions of the PMRB when he issued the SSMPs without authority, and thereby gave unwarranted benefits to Esico and the others.
It stated that under R.A. 7076 (People’s Small-Scale Mining Act of 1991), the evaluation, negotiation and award of small-scale mining contracts are done by the Provincial or City Mining Regulatory Board. It explained that the PMRB’s ratification of the SSMPs in July 2012 is inconsequential since SSMPs issued by a governor are null and void, citing Calanza v. PICOP.
“In finding probable cause for Theft of Minerals, the Ombudsman Environmental Team found it unlawful for Gojo, Esico, Chen, et al. to haul 12 trucks of chromite fines from the Coto Mines in November 2011, which fact was established by the Mines and Geosciences Bureau (MGB) Fact-Finding Report, eyewitnesses’ account, photographs and video footages,” the news release from the Ombudsman said.
The Ombudsman’s resolution ruled that the issue of ownership “lies between CMI and the State, hence, the claim of ownership of Esico, et al. lacks basis.” It noted that it was not within Gojo’s function as PMRB member to implement an SSMP.
The resolution found insufficient evidence, however, to indict Santiago and respondent-policemen who were able to establish that the dismantling of CMI’s checkpoints was prompted by Masinloc Mayor Desiree Edora’s indorsement of a municipal Resolution requesting police assistance in maintaining peace and order at a provincial road outside CMI’s MPSA area and authorizing them to dismantle illegal checkpoints that prevented the passage of the public and the delivery of basic services. Complainant’s bare allegations of their takeover and their participation in the hauling of chromite fines were not corroborated by any other evidence, according to the Ombudsman
Section 3(e) of R.A. 3019 prohibits public officials from causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence, while Article 177 of the RPC penalizes “[a]ny person x x x who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so.” Section 103 of R.A. 7942 punishes “any person x x x [who] steals minerals or ores or the products thereof from mines or mills or processing plants[.]”